Klein v. Ellett
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge. Suit in. equity by Frederick S- Ellett and the Eclipse Machine Company against Alexander Klein and the Harley Davidson Motor Company. Decree for complainants. From an order granting a supplementary injunction, defendants appeal.
1Per curiam
The inventions of the patents in suit relate to clutches for motorcycles. On an opinion reported in 252 Fed. 805, 164 C. C. A. 645, this court held certain claims of two patents valid and infringed.
After the mandate had gone down, the District Court entered an interlocutory decree, enjoining in general terms all infringements of the claims specified, and referred the case to a master for an accounting. Thereafter the defendants made and used clutches of a new design, which they claim are outside the scope of the decree. Accordingly they moved the master to exclude them from the accounting.…
2Cases cited3 opinions
- Minerals Separation, Ltd. v. Miami Copper Co.Court of Appeals for the Third Circuit · 1920
- Eclipse Mach. Co. v. Harley-Davidson Motor Co.Court of Appeals for the Third Circuit · 1918
- Minerals Separation v. Miami Copper Co.District Court, D. Delaware · 1920
3Cited by1 opinion
- International Standard Electric Corp. v. Cunard S. S. Co.Court of Appeals for the Second Circuit · 1935